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61. M. Sornarajah. Resistance and Change in the International Law on Foreign Investment

Author:
Harm Schepel
Publication Date:
10-2015
Content Type:
Journal Article
Abstract:
In 1994, Muthucumaraswamy Sornarajah published the first edition of his treatise, The International Law on Foreign Investment. There, he sought to demonstrate that investment law as a separate branch of international law was ‘in the process of development’ and could and should be isolated for separate study. Organizing his material from the disparate sources of domestic law, contract-based arbitration and public international law along the overarching tension between the interests of developing countries and those of traditionally capital-exporting states, his stated aim was to ‘help in the identification of the nature of the disputes’, which would lead, in turn, to the ‘formulation of acceptable solutions’. The treatise was a well-timed pioneering effort that rightfully earned the author a lasting reputation as one of the founding fathers and towering figures of the academic discipline. There seems to be no one better placed, then, to ask, 20 years on, what happened or, rather, what went wrong. Investment law has developed with breathtaking speed into a (very) separate branch of international law – yes – but almost entirely on the waves of treaty-based investor–state arbitration, which has all but eclipsed contractual and domestic processes, at least in terms of academic interest. And this system has, in the eyes of Sornarajah and many others, rather spectacularly failed to lead to ‘acceptable solutions’, especially for developing countries.
Topic:
International Law, Treaties and Agreements, Foreign Direct Investment, Neoliberalism, and Book Review
Political Geography:
Europe and United States of America

62. The Reform of Israeli Checkpoints: Outsourcing, Commodification, and Redeployment of the State (La réforme des checkpoints israéliens : externalisation, marchandisation et redéploiement de l'Etat)

Author:
Shira Havkin
Publication Date:
05-2011
Content Type:
Special Report
Institution:
Centre d'Etudes et de Recherches Internationales (CERI)
Abstract:
Since 2006 the checkpoints along the borders of the West Bank and the Gaza strip have been reorganized and equipped with a new technological platform. They are now managed by private security firms. The instigators of these reforms speak of the "civilianization" of the checkpoints and justify their program on economic, organizational and humanitarian grounds. This detailed study of the concrete means by which the management of the Israeli checkpoints has been outsourced and commodified enables one to establish links between the evolution of Israeli society in terms of the relationship between the State, the market and society and the actual changes in the operation of the occupation. It would appear that this is not a case of the State receding in the face of market forces in a zero sum game. Rather it is the redeployment in a neoliberal context of the State in which it has adopted the uniquely Israeli layering of the public and the private, the national and the international, the State and civil society.
Topic:
Security, Economics, Human Rights, Science and Technology, Occupation, Neoliberalism, and Borders
Political Geography:
Middle East, Israel, Palestine, Gaza, and West Bank